End of the road for truck driver’s disclosure lawsuit

Last week, the U.S. Court of Appeals for the Ninth Circuit put a do not enter sign in the way of a truck driver’s “novel” claim that Hansen & Adkins Auto Transport violated the FCRA when it gave the plaintiff, Leonard Luna, a disclosure document at the same time as other employment documents.  The case… Continue reading End of the road for truck driver’s disclosure lawsuit

TMI: The 9th Circuit finds that in an employment disclosure too much is too much

Last week, the 9th Circuit issued an opinion that goes into some detail about what may – and what may not – be included in a “disclosure.”  The Court partially revived a job applicant’s claims against Fred Meyer, a grocery chain. The appeals court overturned the district court’s finding that the plaintiff, Daniel Walker, failed… Continue reading TMI: The 9th Circuit finds that in an employment disclosure too much is too much

Protocol’s story on Checkr doesn’t check out

Recently, Protocol, a new news outlet from the owner of Politico, did a story on Checkr and its criminal background checks.  The story focused on anecdotes from several cases without looking at the overall accuracy in the background check industry.  The story also focused a lot of attention on litigation against the company, yet the… Continue reading Protocol’s story on Checkr doesn’t check out

Stellar job opportunity falls, says plaintiff

As reported by Law 360 (paywall), Stellar Partners, Inc., an airport retailer, allegedly violated the FCRA in its hiring practices.  In a case filed in the Middle District of Florida by Tabatha Parker, represented by Wenzel Fenton Cabassa and Consumer Litigation Associates, Parker alleges that the company “ran a background check on her when she applied… Continue reading Stellar job opportunity falls, says plaintiff

Home Depot case dismissed; No injury alleged under Spokeo

The U.S. District Court for the Central District of California dismissed a suit against Home Depot brought by a plaintiff alleging that the retailer violated the FCRA by combining various forms in to one document.  Citing Spokeo, the court dismissed the complaint because the plaintiff did not allege a concrete injury. Case: Saltzberg v. Home… Continue reading Home Depot case dismissed; No injury alleged under Spokeo

Littler takes on FTC “advice” for background checks

Attorneys at Littler recently blogged about a recent FTC blog that suggests that background checks are simple and that employers should keep it simple.  As noted by Littler Vigorous disputes over what wording and format satisfies the FCRA have spawned innumerable lawsuits, including dozens of massive nationwide class action lawsuits against employers of all sizes… Continue reading Littler takes on FTC “advice” for background checks

Second SEPTA?

A leading case in the use of criminal background checks for employment purposes is El v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), 479 F. 3d 232 (3rd Cir. 2007). SEPTA has been sued again for alleged employment screening violations.

Dollar General Settles Private Case; It’s More Than a Dollar

Dollar General continues to be locked in to a battle with the EEOC in federal court in Illinois over the company’s criminal background checks. In a separate and unrelated case, Dollar General has agreed to settle a putative class action in Virginia which alleged that the company failed to properly notify over 200,000 job applicants… Continue reading Dollar General Settles Private Case; It’s More Than a Dollar

Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

The Littler law firm recently issued a paper, noting the “swelling tide of class action litigation against employers under the [FCRA].” A note accompanying the publication adds that “[t]hese lawsuits…typically…allege hyper-technical non-compliance with the FCRA (e.g., supposed defects in the employer’s pre-employment forms and template notices). That is, the lawsuits appear to be lawyer-contrived cash grabs… Continue reading Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

New Employment Screening Litigation

On July 23, 2014, three new FCRA cases were filed in the Southern District of Florida with a lot of commonality and with some troubling new allegations. The three cases were filed after the apparent two-year statute of limitations expired. The complaints allege disclosures made in 2010 through May 2012.  As we know, the statute of limitations is… Continue reading New Employment Screening Litigation